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Clayborn v. Lowndes County

United States District Court, N.D. Mississippi, Aberdeen Division

November 1, 2017

JEFFERSON CLAYBORN PETITIONER
v.
LOWNDES COUNTY MISSISSIPPI, ET AL. RESPONDENTS

          MEMORANDUM OPINION AND ORDER

          NEAL BIGGERS, U.S. DISTRICT JUDGE.

         Petitioner Jefferson Clayborn (“Clayborn”) has filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254. Respondents have moved to dismiss the petition as time-barred, and despite having been afforded time to do so, Clayborn has failed to respond. This matter is ripe for consideration.

         Facts and Procedural Background

         In November 2009, Clayborn pleaded guilty to robbery in the Circuit Court of Oktibbeha County, Mississippi, in Cause No. 2009-031-CR. Doc. #10-1. He was sentenced to serve a term of five (5) years in the custody of the Mississippi Department of Corrections (“MDOC”) with his sentence “to run consecutively with the sentences imposed in 2008-0165-CR[1], ” along with five (5) years of post-release supervision. Doc. #10-1. According to Clayborn, he was released on early release supervision on or about June 6, 2014. See Doc. #1 at 1. Thereafter, Clayborn pleaded guilty to being a felon in possession of a firearm in Lowndes County Circuit Court in Cause No. 2015-0293 and was sentenced by Order filed February 17, 2016, to serve a term of ten (10) years -four (4) suspended and six (6) to serve - in the custody of MDOC. Doc. #10-3. Following a hearing on the State's petition, Clayborn's post-release supervision in Oktibbeha County Cause No. 2009-031-CR was revoked by Order filed May 12, 2016, and Clayborn was ordered to serve the remaining portion of his sentence in the custody of MDOC. Doc. #10-4.

         Clayborn filed his federal habeas petition on or about July 17, 2017. Doc. #1. Although Clayborn references several different convictions in his petition, he complains of the legality of his Lowndes County sentence. Doc. #1 at 3. Therefore, this Court construes the instant petition as a challenge to the conviction against Clayborn in the Circuit Court of Lowndes County, Mississippi. See Doc. #7.

         Law and Analysis

         The issue of whether Respondents' motion should be granted turns on 28 U.S.C. § 2244(d), which provides:

(d)(1) A 1-year period of limitation shall apply to an application for a writ of habeas corpus by a person in custody pursuant to the judgment of a State court. The limitation period shall run from the latest of -
(A) the date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review;
(B) the date on which the impediment to filing an application created by State action in violation of the Constitution or the laws of the United States is removed, if the applicant was prevented from filing by such State action;
(C) the date on which the constitutional right asserted was initially recognized by the Supreme Court, if the right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review; or
(D) the date on which the factual predicate of the claim or claims presented could have been discovered through the exercise of due diligence.
(2) The time during which a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim is pending shall not be counted toward any period of limitation under this subsection.

28 U.S.C. § 2244(d)(1) and (2). In “rare and exceptional circumstances” the limitations period may be equitably tolled. Felder v. Johnson, 204 F.3d ...


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